Concluding Environmental Assessment Sample Clauses

Concluding Environmental Assessment. Prior to the expiration or earlier termination of this Lease and before vacating the Premises (unless otherwise agreed in advance in writing by the BOARD), TENANT shall cause a qualified third party approved in advance by the BOARD to perform a Concluding Environmental Assessment ("CEA") to determine the environmental condition and state of compliance with Environmental Laws of the Premises and all improvements thereon. Except as otherwise may be agreed by the parties in writing at the time the scope of the CEA is decided, the CEA will be performed at TENANT’s expense, up to a maximum cost of $25,000 adjusted for inflation, as measured by the CPI Factor (as defined in this Lease) from 2007 to the time of the CEA. The BOARD, at its option, may (i) participate in the TENANT CEA, either directly or through designated representatives or consultants selected by the BOARD, (ii) fund additional costs of the TENANT CEA in lieu of performing its own CEA, or (iii) conduct or cause a qualified third party to conduct, at BOARD expense, a shadow or separate CEA in addition to the TENANT CEA. The scope of the Concluding Environmental Assessment shall include, at a minimum, sampling for all substances tested for during any Phase II Environmental Site Assessment and any environmental or regulatory compliance audit or testing performed for any portion of the Premises during the Term of this Lease, unless a different scope is mutually agreed to by the parties at the time the CEA protocol for the Premises is determined. All work performed and all documents and reports generated as part of the CEA shall at a minimum, be in accordance with the most recent version of the American Society of Testing and Materials (“ASTM”) standards established for environmental site assessments, or equivalent alternative, and any applicable regulatory-mandated standards for environmental site assessments. The BOARD may require, as it deems appropriate, that the CEA also include an investigation of environmental issues or conditions beyond the scope of the ASTM guidelines (e.g., lead, wetlands). All interim and final results of any CEA (including any reports, documents, or test results) performed pursuant to the requirements of this article shall be simultaneously provided to the BOARD and TENANT. In addition, the BOARD shall have access, upon reasonable notice and at reasonable times, to all information, raw data, opinions, and test results generated by any such CEA, whether in draft, interim, o...
Sample 1
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Related to Concluding Environmental Assessment

  • Environmental Assessment Buyer shall have the right for a period commencing upon execution of this Agreement by both parties and ending on November 28, 2012, to conduct an environmental assessment of the Assets, at Buyer’s sole risk, liability and expense. Seller shall make available to Buyer, during the environmental assessment period described above, Seller’s historical files regarding prior operations on the Assets, and provide Buyer and its representatives with reasonable access to the Assets to conduct the environmental assessment. Buyer shall provide Seller three (3) days prior written notice of a desired date(s) for such assessment and Seller shall have the right to be present during any assessment and, if any testing is conducted pursuant to Seller’s express prior written consent, Seller may require splitting of all samples. Notwithstanding any other provision of this Agreement to the contrary, Buyer shall not have the right to drill any test, monitor or other xxxxx or to extract samples of any air, soil, water or other substance from the Assets without Seller’s express prior written consent. If Buyer proposes a reasonable request to drill a test well or extract a sample pursuant to a systematic and customary procedure for the assessment of the environmental condition of the Assets and Seller refuses to grant its consent to such a well or sampling, then Buyer shall have the right, for a period of seventy-two (72) hours following notification of Seller’s refusal to consent, to deliver written notice to Seller of Buyer’s election to exclude from this transaction the portion of the Assets affected by such proposed test well or sample, and the Purchase Price shall be adjusted accordingly by the Allocated Value of such portion of the Assets so excluded. Under no circumstances whatsoever shall Seller ever be obligated to grant its consent to any such test xxxxx or sampling proposed by Buyer, and Buyer’s sole and exclusive remedy for any refusal by Seller to grant its consent shall be the limited right contained in the preceding sentence to exclude the affected Assets from the transactions contemplated by this Agreement. If Buyer fails to exercise the right to exclude such Assets by written notice to Seller delivered prior to the expiration of the seventy-two hour period described above, then Buyer shall be conclusively deemed to have waived such right and shall be obligated to purchase the affected Assets without conducting such testing or sampling or any adjustment of the Purchase Price unless otherwise provided in this Agreement.

  • Environmental Assessment and Mitigation Development of a transportation project must comply with applicable environmental laws. The party named in article 1, Responsible Parties, under AGREEMENT is responsible for the following:

  • Environmental Audit Upon reasonable notice, Director shall have the right but not the obligation to conduct or cause to be conducted by a firm acceptable to Director, an environmental audit or any other appropriate investigation of the Premises for possible environmental contamination. Such investigation may include environmental sampling and equipment and facility testing, including the testing of secondary contamination. No such testing or investigation shall limit Tenant’s obligations hereunder or constitute a release of Tenant’s obligations therefor. Tenant shall pay all costs associated with said investigation in the event such investigation shall disclose any Hazardous Materials contamination as to which Tenant is liable hereunder.

  • Needs Assessment 1. The Contractor shall conduct a cultural and linguistic group-needs assessment of the eligible client population in the Contractor’s service area to assess the language needs of the population and determine what reasonable steps are necessary to ensure meaningful access to services and activities to eligible individuals. [22 CCR 98310, 98314] The group-needs assessment shall take into account the following four (4) factors:

  • Environmental Compliance The Borrower and its Subsidiaries conduct in the ordinary course of business a review of the effect of existing Environmental Laws and claims alleging potential liability or responsibility for violation of any Environmental Law on their respective businesses, operations and properties, and as a result thereof the Borrower has reasonably concluded that such Environmental Laws and claims could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

  • Operating Environment Subscriber is solely responsible for acquiring, installing, operating and maintaining the hardware, software and Internet Browser environment necessary to access the Site and use the Services. Information on operating environment requirements can be located on the Site.

  • Phase I a. In Phase I, the project will be connected as a tap to the Transmission Owner’s 230kV transmission line MWP-2 via one 230kV circuit breaker in series with one of two ring bus breakers for stuck breaker protection (one in each direction) and a tie-line breaker, as shown on the one-line diagram labeled CL-E-IA-01 attached to this Appendix A as Figure 1. The changes to the existing MWP-2 line protection for this arrangement are described in Phase I System Upgrades in Section II of this Appendix A.

  • Prior Environmental Impacts Nothing in this Article will be construed to make Company liable in any way for any environmental impacts or release of Hazardous Substances affecting the Company Premises that occurred prior to Company’s entry upon the Company Premises or that occurred as a result of the actions of Authority or any of its employees, agents, or contractors.

  • Environmental Permit the use, handling, generation, storage, treatment, Release or disposal of Hazardous Materials at any property owned or leased by it or any of its Subsidiaries, except in compliance in all material respects with Environmental Laws.

  • Environmental Impact Notwithstanding any other term, covenant or condition contained in this Lease, in the event that any Alteration has any adverse environmental impact on the Premises. Landlord may deny Tenant the right to proceed in Landlord’s sole and absolute discretion.

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